Bernier v. Canada

The Court dismissed the applications because, in an application for judicial review, the applicants' arguments were not accepted and did not warrant intervention by the Court.

Source-derived case information.

Citation: 2001 FCA 322
Parties: Applicant: REAL BERNIER; Applicant: AGENCE J.W.E.R. BERNIER LTÉE; Respondent: HER MAJESTY THE QUEEN
Court: Federal Court of Appeal
Jurisdiction: Canada
Judgment Date: 25 October 2001
Procedural Posture: Judicial Review / Judgment of the Federal Court of Appeal
Outcome: Application for judicial review dismissed with costs
Legal Topics: Judicial Review, Dismissal With Costs
Source Language: en

Administrative Law Judicial Review Appellate Procedure Dismissal With Costs

Source-derived case record

Summary, issues, holding and outcome

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Legal principles 2 Party arguments 2

Parties

REAL BERNIER

Applicant

AGENCE J.W.E.R. BERNIER LTÉE

Applicant

HER MAJESTY THE QUEEN

Respondent

Procedural Posture

Judicial Review / Judgment of the Federal Court of Appeal

Legal Issues

1 Whether the applicants' grounds for judicial review succeed
2 Whether relief should be granted in the judicial review application

Ratio Decidendi

The Court dismissed the applications because, in an application for judicial review, the applicants' arguments were not accepted and did not warrant intervention by the Court.

Court Disposition

Application for judicial review dismissed with costs

Orders

Application for judicial review dismissed with costs.

Full Case Text

Judgment text and source record

1 paragraphs

Bernier v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2001-10-25 Neutral citation 2001 FCA 322 File numbers A-645-99 Decision Content Date: 20011025 Docket: A-645-99 A-646-99 Neutral citation: 2001 FCA 322 CORAM: DESJARDINS J.A. DÉCARYJ.A. NOËL J.A. Docket: A-645-99 BETWEEN: REAL BERNIER Applicant and HER MAJESTY THE QUEEN Respondent Docket: A-646-99 BETWEEN: AGENCE J.W.E.R. BERNIER LTÉE Applicant and HER MAJESTY THE QUEEN Respondent Hearing held at Montréal, Quebec, on October 25, 2001 Judgment delivered from the bench at Montréal, Quebec, on October 25, 2001 REASONS FOR JUDGMENT OF THE COURT BY: DESJARDINS J.A. Date: 20011025 Docket: A-645-99 A-646-99 Montréal, Quebec, October 25, 2001 Coram: DESJARDINS J.A. DÉCARY J.A. NOËL J.A. Docket: A-645-99 BETWEEN: REAL BERNIER Applicant and HER MAJESTY THE QUEEN Respondent Docket: A-646-99 BETWEEN: AGENCE J.W.E.R. BERNIER LTÉE Applicant and HER MAJESTY THE QUEEN Respondent Page: 1 JUDGMENT The application for judicial review is dismissed with costs. "Alice Desjardins" J.A. Certified true translation Sophie Debbané, LL.B. Date: 20011025 Docket: A-645-99 A-646-99 Neutral citation: 2001 FCA 322 CORAM: DESJARDINS J.A. DÉCARY J.A. NOËL J.A. Docket: A-645-99 BETWEEN: REAL BERNIER Applicant and HER MAJESTY THE QUEEN Respondent Docket: A-646-99 BETWEEN: AGENCE J.W.E.R. BERNIER LTÉE Applicant and HER MAJESTY THE QUEEN Respondent Page: 2 REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Montréal, Quebec on October 25, 2001) DESJARDINS J.A. [1] Given that the proceeding before us is an application for judicial review, we cannot accept any of the arguments that were submitted by the applicants. [2] The application for judicial review will be dismissed with costs. "Alice Desjardins" J.A. Certified true translation Sophie Debbané, LL.B. FEDERAL COURT OF APPEAL Date: 20011025 Docket: A-645-99 A-646-99 Docket: A-645-99 BETWEEN: REAL BERNIER Applicant and HER MAJESTY THE QUEEN Respondent Docket: A-646-99 BETWEEN: AGENCE J.W.E.R. BERNIER LTÉE Applicant and HER MAJESTY THE QUEEN Respondent REASONS FOR JUDGMENT OF THE COURT FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD COURT FILE NOS.: A-645-99 and A-646-99 STYLE OF CAUSE: Docket: A-645-99 REAL BERNIER Applicant and HER MAJESTY THE QUEEN Respondent Docket: A-646-99 AGENCE J.W.E.R. BERNIER LTÉE Applicant and HER MAJESTY THE QUEEN Respondent PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: October 25, 2001 REASONS FOR JUDGMENT OF THE COURT OF THE HONOURABLE DESJARDINS J.A. DATED: October 25, 2001 APPEARANCES: Gaétan Drolet FOR THE APPLICANTS Bernard Fontaine FOR THE RESPONDENT SOLICITORS OF RECORD: Gaétan Drolet Sainte-Foy, Quebec FOR THE APPLICANTS Morris Rosenberg Deputy Attorney General of Canada Montréal, Quebec FOR THE RESPONDENT

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